Scottish Liberal Democrat justice spokesperson Alison McInnes called the situation a “sorry mess” which risked seriously undermining public confidence in Scotland’s national force.

She said the email exchange “rebuts each and every point the chief constable used in his defence at the Scottish Police Authority (SPA)”.

A Police Scotland spokeswoman said the chief constable had written to the chair of the SPA on Monday to clarify the position.

She said the force had concerns about the “accuracy or reliability” of the data but had been advised by lawyers that it would face an “adverse decision notice” if the Freedom of Information appeal continued.

One document in the email thread acknowledges some issues with the stop-search database but that “the timetable for the data correction is still on track” for an early January 2015 release.

Subsequent emails show that BBC Scotland asked for additional stop-search data – outside of the date range originally appealed – which was offered without any resistance by Police Scotland.

In mid-January the force advised the commissioner all stop-search data for 2014 would now be released to BBC Scotland “containing a caveat that a very small number of records contain invalid age data”.

However, the disclosure note in the released correspondence reveals that this caveat only warned to ignore ages outwith the 1-90 range – and did not warn about any other issues – despite Sir Stephen’s claims that “inaccurate” data was released.

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Contrary to the chief constable’s claims, the national force voluntarily released this information”

Alison McInnes
Scottish Liberal Democrat justice spokesperson
In publishing this correspondence, the Information Commissioner stated the release of the data had been negotiated, and not demanded.

The commissioner said: “The disclosure by Police Scotland was voluntary, and gave explanations and context to the data, all of which is good practice by the Police Scotland staff.”

Ms McInnes said the emails released by the Information Commissioner rebutted “each and every point the chief constable used in his defence at the SPA”.

“Police Scotland did not resist this, nor did they seek to make their case in the courts. Contrary to the chief constable’s claims, the national force voluntarily released this information.”

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Legal advice concurred that Police Scotland is obliged to provide data that falls within the scope of a request, despite our concerns over its accuracy”

Police Scotland
Ms McInnes added: “The national force spent months correcting stop-and-search data prior to its release. When it was finally released to the BBC, Police Scotland gave no indication whatsoever of further inaccuracies surrounding the consensual search of children.

“And yet, it is evident that Police Scotland’s story changed utterly between it dispensing the information on 23 January and their giving evidence to the SPA on Friday 13 February.

“Parliament and the SPA is owed an honest explanation for this sorry mess.”

A Police Scotland spokesperson said: “Our decision to release the data was supported by an independent assessment of FoI procedures undertaken by an external firm of solicitors and our assessment of the likelihood of a subsequent adverse decision notice being issued under FoI legislation if the appeal continued.

“Legal advice concurred that Police Scotland is obliged to provide data that falls within the scope of a request, despite our concerns over its accuracy.”